| VELOCITY INVESTMENTS, LLC V EVE MARIE COCINA |
| Motion No: CA 09-02514 |
| Slip Opinion No: 2009 NY Slip Op 93044(U) |
| Decided on December 29, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 09-02514
| VELOCITY INVESTMENTS, LLC, PLAINTIFF-RESPONDENT, V EVE MARIE
COCINA, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 2, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Timothy Murtha dated December 3, 2009, the notice of motion with proof of service thereof, and the opposing affirmation of Kenneth R. Hiller dated December 16, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 26, 2010.
Entered: December 29, 2009
Patricia L. Morgan, Clerk